EU anti-circumvention rules : do they beat the alternative?
Title: EU anti-circumvention rules : do they beat the alternative?
Author: VERMULST, Edwin
Series/Number: EUI RSCAS; 2015/57; Global Governance Programme-180
This article discusses EU law and practice with regard to tackling circumvention of trade defence instruments, notably anti-dumping measures. The author considers that, while strong legal arguments can be made that anti-circumvention rules are WTO-illegal, as a practical matter transparent and predictable anti-circumvention rules are to be preferred over vague and multi-interpretable non-preferential origin rules that vary from country to country. Furthermore, the many findings of transhipment in EU anti-circumvention investigations show that circumvention may constitute a real problem which warrants quick and effective relief. Therefore, the article suggests that the way forward is to agree on detailed anti-circumvention rules within the WTO with focus on further improvements in transparency and predictability.
Subject: Circumvention; Trade remedies; Trade defence instruments; Dumping; Anti-dumping measures
Type of Access: openAccess